The Degree of Prohibited Relationship under HMA, 1955: Overview

 


The Degree of Prohibited Relationship under the Hindu Marriage Act, 1955: Overview


Under the Hindu Marriage Act of 1955, the concept of "degree of prohibited relationship" is defined. The parameters of prohibited relationships are used to regulate marriages within the Hindu community.

These provisions are crucial in determining whether a marriage between two individuals is legally permissible.
Also, to prevent marriages that are considered culturally or socially unacceptable due to close familial ties. Let’s delve into the specifics outlined in the Act:

Sapinda Relationship (Section 3(f))

The concept of the Sapinda relationship extends to the third generation through the mother’s line and the fifth generation through the father’s line. Here’s a breakdown:

Line of Ascent through the Mother: Extends up to the third generation (inclusive) from the person concerned.
Line of Ascent through the Father: Extends up to the fifth generation (inclusive) from the person concerned.

Two persons are said to be sapindas of each other if:

One is a lineal ascendant of the other within the specified limits.
They share a common lineal ascendant within the limits of the Sapinda relationship.

Degrees of Prohibited Relationship (Section 3(g))
The Act outlines various scenarios where individuals are deemed to be within the degrees of prohibited relationship. These include:

Lineal Ascendants: One is a lineal ascendant of the other.
Spousal Relationships: One was the spouse of a lineal ascendant or descendant of the other.
Marriage within Close Relatives: This includes relationships such as:
Wife of the brother
Wife of the father’s or mother’s brother
Wife of the grandfather’s or grandmother’s brother
Sibling Relationships: This encompasses direct sibling relationships, as well as relationships between uncle and niece, aunt and nephew, or children of siblings.
Explanation
For clarity, the Act provides explanations regarding the definition of a relationship. These include:

Relationship by Half or Uterine Blood: Considers relationships through both half and full blood.
Legitimacy of Relationship: Recognizes both legitimate and illegitimate blood relationships.
Adopted Relationships: Acknowledges relationships by adoption as well as by blood.
Conclusion
The Hindu Marriage Act, 1955, meticulously defines the degrees of prohibited relationships to maintain the sanctity of marriages within the Hindu community.

By delineating specific parameters and scenarios, the Act aims to prevent unions that are culturally or socially unacceptable due to close familial ties. Understanding these provisions is essential for individuals planning to enter into marital bonds within the Hindu tradition.

Court Marriage Delhi

It can be difficult to navigate the complications of court marriage, but couples can benefit from a smooth and quick process by using Law Sathi Consultation's Court Marriage Delhi services. With our all-inclusive service, you can be sure that your court marriage will go smoothly and swiftly with the least amount of fuss.

Services Offered:

Marriage Law: Assistance with court marriages, marriage registration, divorce proceedings, and related legal issues.
Property Law: Guidance on property disputes, transfers, registration, and documentation.
Contract Law: Expert advice on drafting, reviewing, and negotiating contracts to ensure your interests are protected.

Confidentiality

At Law Sathi Consultation, Information about our clients' confidentiality is very important to us. You may be sure that any conversations you have with us and any papers you share with us will be kept completely private, protecting your trust.

Details of Contact

Please use the contact information above to get in touch with us if you need any more information or help. We are eager to help you with any of your legal requirements.

Phone: +91 7617-414-414
Email: lawsathi@gmail.com

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